If my HOA encroached on an easement, am I entitled to compensation?

HOA misrepresented the size of the easement and claimed that there were no documents. I did not receive a copy of the easement when I purchased the home through escrow or the HOA. The HOA installed additional equipment several years later and I OK’d it assuming that it was within the easement boundaries. The equipment benefits all residents equally. HOA more than doubled the dues making it a hardship and I asked to negotiate a reduction, they refused. HOA formed a small water company, which is owned by the HOA. Law prohibits one homeowner from paying more for water. I pay triple.

Asked on July 9, 2012 under Real Estate Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Yes.  If the HOA encroached the easement and prevented your reasonable use and enjoyment thereof, then you have damages and can sue.  There are ways that easements can be waived or destroyed...so its possible for your inaction to result in losing the easement rights and its possible that you have lost the easement already.

If this is going on, find a local attorney and act quickly before you lose the right to sue for the encroachment.

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